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(영문) 부산지방법원 2016.05.11 2016고정503
점유이탈물횡령등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 7, 2015, the Defendant: (a) acquired one credit card from the Plaintiff’s possession on the street prior to the subway station located in the city train located in Busan Island; (b) around October 7, 2015, one of the credit cards owned by the Defendant.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On October 8, 2015, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, around 04:44, 2015, used a credit card lost by settling the bus fee of KRW 1,200 on a card terminal installed on a bus and used a lost credit card after settling the credit card amount of KRW 1,200, as if he/she had been holding a legitimate right to use the credit card at the bus stops located in Busan-gun-gun, Busan-gun-gun, Busan-gun, and then acquired a total of KRW 43,50,00 from the time to November 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347(1) of the Criminal Act (the fraud point), Article 70(1)3 (the illegal use of card) of the Act on Specialized Financial Business, and the selection of fines for each type of fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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